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CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties

Kisan Agro Ltd., a seed company, sells seed of a registered variety without the breeder's authority. The company claims it was unaware of the registration and invokes the innocent infringement protection. Which statement is correct under the Act's text?

The company cannot rely on the innocent infringement protection. The provision shields a farmer who was unaware of the right at the time of infringement. It does not extend to every person, so a commercial seed company that sells without authority gets no such exemption.

  1. AThe company is protected because any person unaware of the right is exempt
  2. BThe company is protected if it proves it sold only small quantities
  3. CThe protection is conferred on a farmer, so a seed company cannot claim it on that basisCorrect
  4. DThe protection applies only if the company is an Indian company

Explanation

Section 42 speaks only of a farmer who was unaware of the right. A seed company is not a farmer, so it cannot rely on this provision. The quantity sold and the nationality of the company are not conditions in the section.

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